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  5. 139 A.D.2d 176 (1988)
 

REX PAVING v. WHITE

139 A.D.2d 176 (1988)

Rex Paving Corporation, Respondent-Appellant, v. Franklin E. White, as Commissioner of Transportation of The State of New York, et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 7, 1988

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Lawrence S. Kahn and Richard J. Dorsey of counsel), for appellants-respondents.

Hayes & Hayes (Harry R. Hayes, III, of counsel), for respondent-appellant.

Mid-Atlantic Legal Foundation, Inc. (Martin S. Kaufman and Douglas Foster of counsel), amicus curiae.

Gold, Farrell & Marks (Martin R. Gold, Robert P. Mulvey and Elena Salerno Flash of counsel), for Lawyers' Committee for Civil Rights Under Law, amicus curiae.

MAHONEY, P. J., KANE, YESAWICH, JR., and MERCURE, JJ., concur.

WEISS, J.

The issue before us is whether Highway Law § 85, Transportation Law § 428, and the Prison Construction Act (McKinney's Uncons Laws of NY § 6267 [L 1983, ch 56, as amended]) empower defendants, the State Commissioners of Transportation and General Services, to promulgate and implement affirmative action programs in favor of disadvantaged business enterprises (hereinafter DBE).

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